Sisco v. Lehigh & Hudson River Railway Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department entered upon an order made February 12, 1894, which affirmed a judgment in favor of plaintiff and also affirmed an order denying a motion for a new trial. This action was brought to recover damages for injuries received by Eugene Sisco, the original plaintiff, while in the employ of defendant, a railroad corporation, alleged to have been caused by defendant’s negligence.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department entered upon an order made February 12, 1894, which affirmed a judgment in favor of plaintiff and also affirmed an order denying a motion for a new trial. This action was brought to recover damages for injuries received by Eugene Sisco, the original plaintiff, while in the employ of defendant, a railroad corporation, alleged to have been caused by defendant’s negligence. The facts, so far as material, are stated in the opinion. The trial court erred in submitting to the jury the question as to…
1Opinion of the Court
Andrews, Ch. J.
The original plaintiff, Eugene Sisco, on the 18th day of April, 1890, in the performance of his duty as brakeman on a moving freight train of the defendant near Monroe station, was climbing up a ladder on the outside of a box car to set a brake, and while on the ladder his head came into collision with the stationary arm of a mail crane, which had been erected by the defendant at that point March 31, 1890, pursuant to the directions of the United States mail authorities. He was seriously injured and brought this action in his lifetime against the defendant to recover damages…
2Cases cited1 opinion
- Frace v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1894
3Cited by20 opinions
- Clay v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1908
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. HaasIndiana Court of Appeals · 1905
- Long v. PayneAppellate Division of the Supreme Court of the State of New York · 1921
- Omaha Bottling Co. v. TheilerNebraska Supreme Court · 1899
- Boylen v. Berkey & Gay Furniture Co.Michigan Supreme Court · 1932
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